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Featured Item
Unpreventable Employee Misconduct
BY: Carl Habekost, Esq.
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Employers have a defense to an OSHA citation when the violation of a safety regulation was due to unpreventable employee misconduct. There are four elements to the unpreventable employee misconduct defense that must be proven to vacate a citation.
Publications
Toledo City Council Passes City Ordinance To Ban Salary History
As we previously reported, on June 26, 2019, Toledo City Council passed the Pay Equity Act; Mayor Wade Kapszukiewicz signed the law on July 5, 2019. The Pay Equity Act is a local ordinance which generally prohibits employers who employ more than 15 employees and are located within the City of Toledo from inquiring about, relying on, or requiring job applicants to disclose salary history as a condition of employment.
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Governor Appoints Jim Hughes Chairman of the Industrial Commission
Effective July 1, 2019, Jim Hughes began a six-year term as chairman and the employee member of the Industrial Commission, replacing Thomas (Tim) Bainbridge. The Chairman oversees all administrative functions at the Commission in addition to adjudicating matters with the employer and public members of the Commission. Mr. Hughes’ background includes serving in the Ohio House of Representatives, the Ohio Senate, and various legislative committees.
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Court of Appeals Finds Employer’s Failure to Follow its Own Drug Policy Precludes Finding of Voluntary Abandonment
In State ex rel. Stallion Oilfield Construction, LLC v. Indus. Comm., 2019-Ohio-3174, the claimant had an allowed workers’ compensation claim for a back strain. The claimant returned to work in a light duty capacity. Pursuant to the company’s policy, the claimant submitted to a random drug test, which revealed positive test results for morphine, codeine, and opiates. Under the company’s work rules, an employee will be terminated if a drug test is positive.
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Supreme Court Holds the Commission Must Address Whether a Job Offer is Made in Good Faith in Determining a Request for TTD Compensation
In State ex rel. Pacheco v. Indus. Comm., 2019-Ohio-2954, the claimant sustained a work injury for which he received TTD compensation. The employer offered the claimant light duty employment, which consisted of sitting in the company cafeteria performing no work.
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The Joint Employer Rule and OSHA Liability
On April 1, 2019, the U.S. Department of Labor (DOL) announced a proposed rule that would revise and clarify the responsibilities of employers and “joint employers” to employees in certain “joint employer” arrangements. The proposal, if adopted, will be the first substantial change to DOL regulations on this topic since 1958.
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Events
- May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more
